• FirefoxInstall the new Firefox »
  •  
    Insurance

    Question

    Can I sue my apartment complex? My car was flooded and deemed a lost. Drains were covered by straw they placed

    My car was flooded due to the drains on the complex parking lot covered by the excessive straw that was placed on the ground I am wanting to know if I can take any legal action? My car insurance barely covered my loan payoff but I am still told that I can sue the complex for their neglect. What am I to do? what kind of lawyer is needed?
    a few seconds ago 14 Answers

    Best Answer

    Once you are paid by your insurance company, you gave up the right to sue for property damage that they paid for to them - it is in your policy. IF they feel the apartment complex is at fault for the damages, they will subrogate (try to collect) against them to collect what they paid plus your deductible. Negligence would have to be proven. If they are successful, they will return your deductible. If you were already paid by your insurance, no attorney will touch it because first they can't (well they could try to collect your deductible back since that is all you are actually out) & second, there would be no money in it for them (what is 1/3 of your deductible?)
    a few seconds ago

    Other Answers

    • If you find an attorney and successfully sue and win, you would be awarded the current, depreciated value of the vehicle. This would be the amount your insurance company paid out plus whatever your deductible is. Your insurance company would demand you reimburse them for what they paid for your vehicle. Of course, you would still have to pay the attorney and that would probably be more than your insurance deductible. In other words, it would cost you more, even if you won. You can't get paid twice for the value of your totaled car. Makes no difference if it was all the apartment complex's fault or not. You're lucky the insurance payout covered you loan. Often it doesn't. By the way, if your insurance company thought they could prove neglect on the part of the apartment complex, they would be suing to get reimbursed.

      by bdancer222 - 18 hours ago

    • You should first check your lease, there may be a liability clause. take your lease to a lawyer's office and figure out what all the legal terms actually mean. good luck!

      by ashley - 18 hours ago

    • Don't waste your time and effort. Your insurer has covered your loss. If your insurer feels that there is negligence or liability on the part of the apartment complex, your insurer will subrogate damages with the apartment insurer. Either way, you have been compensated for your loss. You can't expect to profit from this situation. Any amount of money YOU collect from this would need to be repaid to your insurer.

      by acermill - 18 hours ago

    • Unfortunately, this is one of those cases wherein it might be better to let it go. After attorney's fees and subrogation, you'd be out more money that you'd collect. The insurance company won't let you be "unjustly enriched" by suing the complex and collecting, and also collecting a claim from them ... they'll want their money back. Sounds like an awful situation. You can try to approach the landlord and see if they are willing to settle anything out of court. If you're really savvy, you can try to file a claim against them in small claims court based upon negligence, if you can prove it. You may be able to get a small payoff in order to help you get a new vehicle, since but for them putting the straw down, the drain would have worked properly and thus, your car would not have flooded. That's the only argument you have. Good luck.

      by Good♥Gyrl - 18 hours ago

    • Anyone can sue anyone else for anything. Likely, you're not going to win that suit. They didn't cause the actual flood, which is what did the actual damage.

      by mbrcatz - 18 hours ago

    • Do you think they maliciously but the straw there. Or is is that nature as been a little unordinary. I live in the upper midwest and many homes and cars are ruined and the unfortunate thing is that there is little most people can do about it, This has been an act of nature. You cant make the apartment responsible for something they did not forsee happening. If FEMA is coming through your area you may be able to talk with them. The other thing is if you insurance company has paid you for the car you can't collect twice. I wish you luck put I think you will waste more money and time trying to Sue them. Good Luck

      by Steve S - 18 hours ago

    • First of all, you don't need a lawyer to file a claim. Filing an insurance claim does not equal suing, and filing a claim is the first step to get reimbursed for your expenses. You only file suit if you don't get what you want. Second, unless you can prove that a. the apartment complex put the straw over the drains or b. they knew that the drains were covered and didn't do anything about it, your claim would be denied. Also, a jury wouldn't award you anything if you did decide to sue, because you wouldn't be able to prove any negligence on the landlord. No negligence = no reimbursement.

      by Jools - 18 hours ago

    • There's lawyer's that will work for cut of the take. If they don't think they can win they will not take the case. So you really have nothing to loose.

      by Flat_out_Bob - 18 hours ago

    • Yes you can sue, but you should only get the value of the car. You could claim so value for lost enjoyment of using the car ....but it's a strech. Just remember that your insurance company will want there money back against any other claims.

      by my16paws - 18 hours ago

    • You could try, but they might ask whether you or anyone noticed the straw on the drain before the flood. If it was noticed they could back fire and say "well why wasnt this reported sooner?"

      by Kicк This Öиε 4 ๓ichαєℓ Jαcкs๏и! - 18 hours ago

    • Can you prove who put the straw there? If not, your out of luck! You must prove neglegence on your landlords behalf. Takes money to sue!

      by moonshine annie - 18 hours ago

    • You might try speaking to the owners and filing a claim with their insurance carrier. I would think that they're liable, because rules are getting strict about what runs off construction areas (you have to submit a control plan before beginning construction) and this sounds like straw placed on lawns before the grass was established. So whatever ran off, ran off a construction area that hadn't been stabilized yet and had no silt fences. Silt fences are low fabric fences to filter silt out of water running off bare ground, a usual feature at construction sites. So there could be more people liable than the apartment owner. There must have been more people with cars damaged...have you spoken with any of them? You might all be able to get together in an action.

      by Fizzle - 18 hours ago

    • i would sue hunny!! get your money, give it a shot, but read into your lease to make sure there is nothing in there about the parking lot.

      by Tina N - 18 hours ago

    Recommended Articles

     
     
     
     
    Yahoo Small Business Services